This document outlines the Terms and Conditions governing the use of the products and/or services of value added
services for mobile and Internet (hereafter referred to as the “Services”) offered by Capsbe Advertising Limited,
registered in the Republic of Cyprus, with Registration number 10408869I and with address at 36 Byron Avenue Nicosia
Tower Center, Office 503 1095 Nicosia, Cyprus (hereafter referred to as “The Company”) with address at 36 Byron
Avenue Nicosia Tower Center, Office 503 1095 Nicosia, Cyprus. By browsing through the web site baseplay.co and by
using the Services you acquire the status of user. The company declares to be a mobile and web marketing and service
provider. The user by using the Services and/or installing any of the company's products accepts and agrees to be
follow the Terms and Conditions or any notice that may be given by the company while using the Services, shall
constitute grounds for termination, being the access to Services blocked, and the right to use any of the products
removed without further notice and independently of any other decisions that may be taken by The Company.
The company reserves the right to modify these Terms and Conditions at any time, being any changes reflected in an
updated version available on the Website. The use of the Services shall imply full acceptance of the Terms and
The company strongly advises the user to print or save a copy of these Terms and Conditions, even though they will
be available at all times in the Website.
The Services offered through the Website enables the registered user to interact with other users, play games,
download applications, ringtones, wallpapers and much more.
1) To access the service you must enter your mobile phone number and follow the directions established for this
2) To exit the service at any time, send an SMS following suitable indications or send an email to:
A password will be assigned to the user and an account designation upon completing the registration process. The
user agrees to maintain the confidentiality of the password and account, and that it is fully responsible for all
activities that occur under such a password or account. The user also agrees to immediately notify The company of
any unauthorized use of your password or account or any other breach of security, and to exit from your account at
the end of each session. The company shall not be liable for any loss or damage arising from the user failure to
comply with these conditions. Also, the Services may offer (subject to Services location availability) premium
membership, which is typically charged on a subscription basis.
Products and services are subject to availability and may also be subject to other terms and conditions. There is no
substitution for any Product or portion thereof, except due to unavailability, in which case a Product of equal or
greater value will be awarded at the discretion of The company. Some products have limited availability, and in some
cases, products you select are sent to you directly by the Sponsor, who is solely responsible for the quality and
performance of the goods supplied.
The use of the Services could involve the integration and/or use of services of an Internet connection, data and
voice hired directly by the user to third parties (service providers), which have specific terms and conditions of
use outside The company. By using the Services through service providers or telecommunication third parties, the
user acknowledges and agrees to be aware of the conditions offered by these third parties.
The company shall not be held responsible in any case to requests or submissions to access the Service that are not
accepted by the Website technology platform and for the delay that may occur in receiving the Service whenever it is
due to any cause not attributable to The company (being these: connectivity failures or network outages, errors in
the wording of the messages, excessive network traffic, the performance of the operators, the characteristics of
various phones, computers and / or tools or any other not stated herein).
Requirements for Accessing the Service
The Services offered by The Company are targeted and can only be contracted by people of legal age 18 or, if
applicable, emancipated minors with full legal capacity to contract. Unemancipated minors only may contract The
Company Services, with previous written permission of their parents, guardians or legal representatives, who will be
responsible for the acts of those who are responsible for It is important to note that these circumstances can not
be verified by The Company being responsibility of the parents or guardians of such unemancipated minors to watch
over for the correct use of the people who are dependent on are making within the Services and in particular, watch
over the mobile phone that is being used to contract the Services. Likewise, Services may only be contracted by the
owner of the phone line that is associated with the Services.
By accepting the Terms and Conditions, the user expresses to be legitimized and/or authorized to contract the
Services and ensures the accuracy of all of the information given to The Company. The user also expresses its
commitment to make a proper use of the Services and agrees to comply with the current legislation that may be
applicable in each case, as well as these Terms and Conditions, morality and/or public order.
It is the user responsibility to respect these standards and it is strictly forbidden to use the Services subject to
these Terms and Conditions for illegal purposes, or in any manner that violates or infringes the rights and
interests of The Company, its subsidiaries or of any other third party related.
The user shall be exclusively responsible for any loss or damage caused by inappropriate, or illegal use of the
Our Services, Images and Videos may not work on every Handset, Laptop, Desktop or Electronic Device capable of
displaying the content. You acknowledge that The Company is not liable to have every type of format available. It is
the user’s responsibility to ensure that the device they are using can reproduce the following files (Picture – JPG,
GIF, PNG) (Movies – 3GP & MOV) or have the appropriate software installed in order to access all service.
Service Contracting Requirements
The user agrees to use the Services at all times in strict accordance with the laws, morality, generally accepted
good practices and the public order, and to not use the Services for illegal purposes, prohibited in these Terms and
Conditions, so The Company at its sole discretion is entitled to reject the application and prohibit the use of the
Services if the user: (1) attempt to use the Service by any means other than described in the Terms and Conditions,
provisions set out in the Terms and Conditions.
If during the execution of the Service, The Company suspects or proves the existence of some type of electronic or
non-electronic manipulation in the system related to the Service, or if technical difficulties compromise the
integrity of the Service, The Company reserves the right to shut down the contracted Services and delete the account
of any user who has been able to manipulate the normal delivery of it, as well as any attempt to deliberately impede
the normal functioning of the Service is illegal and The Company shall have the right to claim in such case any
damages caused and the filing of any applicable legal actions.
The user by using the Service: (1) Consents to be under the provisions set out by the present Terms and Conditions,
(2) agrees to exonerate The Company and its employees, subsidiaries, affiliates, divisions, advertising agencies and
related entities in any way, for any loss, damage, costs, injury and/or death resulting from contracting the
Services as well as for any misuse of the Services and for any claim based on publicity rights, defamation or
invasion of privacy and (3) allows the use of their name, voice and images for advertising and promotional purposes
in any media worldwide without additional compensation, unless is prohibited by law.
Service Code of Conduct
Members will not provide any material (photos, text or links to content) that:
1. Contain nudities or explicit sexual/pornographic contents of any kind;
2. Contain a visual presentation of explicit violent sexual conduct, bestiality, incest, rape or extreme violence,
which constitutes incitement to cause harm;
3. Results in any unreasonable invasion of privacy;
4. Induces an unacceptable sense of fear or anxiety;
5. Encourages or incites any person to engage in dangerous practices or to use harmful substances;
6. Induces or promotes racial disharmony;
7. Causes grave or widespread offense, or,
8. Debases, degrades or demeans.
Any user, who violates any of these requirements, will have their access to share, upload images, text restricted or
access withdrawn depending on the breach of the Rules of Conduct. In case of repetitive behavior, The Company can
discontinue your use of the service.
The Company informs the user that at all times have access to all images and content of all text that is shared on
the Service. For this reason, and to defend our right to enforce the Rules of Conduct stated, we inform all users of
the consequences of non-compliance.
Forms of Payment
The charges of the Services provided by The Company will be billed and charged by the mobile service provider to
which the number is contracted. In the instance the user uses a mobile number with pre-paid card, the charges for
the products and services provided by The Company will be deducted from the account balance the user has on the
Intellectual Property Rights
The Company is the sole owner or holds under the necessary licenses and/or authorizations for the rights of
operating the Intellectual Property of the Services and any of its contents including, but not limited to: software,
databases, images, photographs, drawings, graphics, games, text, audio, video, trademarks, logos, trade names or
distinctive signs, computer programs or databases that are or have been part of it at some point. Under no
circumstances shall access and use of the Services, imply renunciation, transmission, license, or transfer all or
part of such rights.
It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent
publications, upload files, post, transmit, use, process or distribute any form of all or part of the contents on
the service, if you do not have the express written permission of The Company or, where appropriate, the rights
Likewise, unless expressly authorized, it is prohibited, under the terms and subject to the penalties under current
laws that are applicable, the removal or alteration of the technologies and information regarding management rights
contained in the works and the subject of this transmission as well as distribution, importation for distribution,
public performance, broadcasting and radio broadcasting, public communication in all its forms or making available
of such works and performance or copies and transmissions which have removed or altered such information without
If you are interested in establishing a link, you must first have the express written permission from The Company.
Notwithstanding the foregoing, it is expressly prohibited to establish any links and / or similar third party
devices that lead the user directly to content and/or services offered by The Company ("deep linking").
The Website contains copyright material, trade names and marks and other proprietary information, therefore is
protected by copyright laws, registered and unregistered trademarks, database rights and other intellectual property
rights under the English Intellectual Property Law.
Limitation of liability, indemnity and release
The Company in no event shall be held liable for the users utilization regarding the Services or the information
stored and/or sent by mobile phone devices related to the Services, therefore The Company in any case may determine
or control the identity of the user and of the information transmitted between users within the Website, failing to
act in accordance with the applicable Law and shut down the access to the Service in the following cases:
1) Injunction or administrative authority request.
2) The content uploaded by the user is considered offensive to the community, the public morality or any other
content contrary to applicable regulations.
3) The content uploaded by the user incites terrorism, racism, or other conducts expressly prohibited by law.
4) The content uploaded by the user contains defamatory material against the Website, The Company or any of its
subsidiaries, divisions affiliates, agents, representatives and licensors, or contains any comments contrary to the
image of The Company and/or the network operator.
NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE ACCESS OR USE OF THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE
SERVICES AND THE INFORMATION AVAILABLE ON THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A
RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICES.
The Company would not respond for the consent of contracting the Services given by minors and/or legally unable whom
contracted the Services without complying with the obligation to provide The Company the written authorization of
their parents, legal guardians or legal representatives stated according to provision of clause 3. of these Terms
and Conditions. The Company and their affiliates, representatives, agents, directors, officers, shareholders and
employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected,
inaccurate, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program,
network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or
technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events
beyond their control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of
the Services, or acceptance, delivery or failure to timely deliver, possession, or use of the Services as a result
of participation in the service; or (vi) any printing or typographical errors in any materials associated with the
Services. Further, in any such dispute, under no circumstances will the user be permitted to obtain awards for, and
hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other
than the user's actual out-of-pocket expenses (i.e. costs associated with participating in the Services), and the
user further waives all rights to have damages multiplied or increased. Under no circumstances shall The Company be
liable to the user or any third party for any indirect, incidental, consequential, special or exemplary damages,
even if advised of the possibility of such damages, arising from the use of or inability to use the service or any
other provision of these terms and conditions.
THE USER BY ACCEPTING THESE TERMS & CONDITIONS WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY AND ITS SUBSIDIARIES,
DIVISIONS, AFFILIATES, REPRESENTATIVES, AGENTS, AND LICENSORS ARISING FROM THE USE OF THE SERVICE AND THE
INFORMATION AVAILABLE IN THE WEBSITE.
The user accepts all responsibility for, and hereby indemnifies and holds The Company harmless from and against, any
actions taken by any user authorized to use your account, including, but not limited to disclosure of Log-in details
to third parties. By using the service, the user also releases The Company, its subsidiaries, divisions, affiliates,
agents and representatives from any and all liability regarding the use of Products, applications, or other
participation in the Services.
Privacy and Use of Information
In accordance with the provisions of the General Data Protection Regulation (GDPR) (EU) 2016/679 and related
complementary legislation, The Company informs the user that the information resulting from contracting the Product
and Services and related personal data will be included in file owned by The Company for its automated processing,
providing the user consent to such treatment by accepting these Terms and Conditions. The aforementioned file is
duly registered in the General Register of the Data Protection Agency.
For content that is covered by intellectual property rights, like photos and videos (IP content), the user
specifically give The Company the following permission: the user grant The Company a non-exclusive, transferable,
sub-licensable, royalty-free, worldwide license to use any IP content that the user post on or in connection with
The Company. This IP License ends when the user deletes his IP content or his account unless his content has been
shared with others, and they have not deleted it.
When the user deletes IP content, it is deleted in a manner similar to emptying the recycle bin on a computer.
However, the user understands that removed content may persist in backup copies for a reasonable period of time (but
will not be available to others).
When you publish content or information using the public setting, it means that the user is allowing everyone,
including people off of The Company, to access and use that information, and to associate it with you (i.e., your
name and profile picture).
The Company informs the user that the processing of information and personal data will be related to the personal
data provided as a result of contracting the Product and Services as well as the information that may be provided
for granting access to any other services of the company or any of its subsidiaries, divisions, affiliates,
representatives, agents and licensors.
The Company declares fulfilment with the personal data secret obligation as well as confidential treatment of such
information and takes over the responsibility to ensure the technical, organizational and security measures to
prevent alteration, loss and unauthorized access. However, The Company shall not fully guarantee the absolute
invulnerability of its security systems, since there are no currently sufficient and unbreakable security measures
available to prevent computer related attacks, case in which shall not The Company be held responsible for any
incidents that may occur to the Personal Data File caused by such attacks or unauthorized accesses.
The user acknowledges that the personal data collected and its treatment shall be used only in the following cases:
1) Proper Services requested by the user performance.
2) Management, administration, extension and improvement of contractual or business relationship established between
the user and Services provided.
3) Address complaints or claims for the Services.
4) Checking and verifying the quality of the Services offered to the user.
5) Sending an overview of the development and operation of the Services contracted by the user.
6) Development of market research and statistics, marketing, and preferences about the Services.
7) Also, unless otherwise indicated, the user agrees to accept marketing messages through but not limited to email
and/or SMS text messages or telemarketing in accordance with the applicable provisions, relating to the Services
such as but not limited to: identical and similar to those initially recruited, music, videos, pictures, games,
applications, sweepstakes, promotions, contests, participation in television programs, voting and skill games (this
will continue even after the termination of the contract) until cancelled.
8) Fulfilment off Tax obligations.
Users at any time may access to provided personal data and exercise the rights established by Law (access,
rectification and cancellation), as well as to revoke its consent or oppose to the transfer of its personal data.
These actions may be exercised in writing or by email at:
36 Byron Avenue, Nicosia Tower Center, Office 503 1095 Nicosia, Cyprus
The Company also informs the users that by the adherence to the Terms and Conditions they consent to provide every
necessary and essential communication of personal data required to manage contracted Services.
On the other side, the user is fully responsible for providing The Company contact information that is accurate and
truthful and compromises as well to keep The Company up to date with any appropriate changes related to it.
The Company is entitled to transfer the information contained in the present Terms and Conditions and the rights
arising thereof to any other of its companies, subsidiaries or divisions. Transfer of information will be developed
prior to the user consent and only to achieve the correct performance of contracted Services.
Fraud or abuse relating to the use of personal login details may result in the termination of your account. The user
is solely responsible for any fraudulent use of their personal login details that could occur due to the theft of or
sharing of the same. The Services are provided to individual users who are natural persons for their own personal
IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY USER TO SHARE PERSONAL LOGIN
DETAILS. ANY USER SHARING SUCH INFORMATION IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED.
Unenforceability and Indemnity
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any
breach of these Terms & Conditions be construed as a continuing waiver of other breaches of the same or other
provisions of these Terms & conditions. The invalidity or unenforceability of any provisions of these Terms and
Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision
of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed
in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
The user agrees to indemnify and hold The Company, its subsidiaries, affiliates, officers, agents, representatives,
sponsors and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of the use of the Website, including, without
limitation, any information or content or keywords you post to the site or any interference with the operation of
Governing Law and Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
Any dispute or difference arising out of or in connection with this Agreement shall be determined by the Courts of
the Republic of Cyprus, waiving both parties to any other court that may also correspond.